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(영문) 서울중앙지방법원 2020.02.19 2018가합548277
손해배상(건)
Text

1. Defendant C Co., Ltd. refers to the “personal amount” in the attached Table 3 list to the Plaintiff (Appointeds) and the appointed parties.

Reasons

1. Basic facts

A. The status of the parties 1) The Plaintiff (Appointed Party) and the appointed parties (hereinafter “Plaintiff, etc.”)

) The Songpa-gu Seoul Metropolitan Government F (hereinafter referred to as the “instant aggregate building”)

2) The Defendant C Co., Ltd. (hereinafter “Defendant D”) is the seller of the instant aggregate building, and Defendant D Co., Ltd. (hereinafter “Defendant D”) is the contractor of the instant aggregate building after receiving a contract from the Defendant selling company for the construction of the instant aggregate building.

B. On August 29, 2013, the Defendant sales company reported the commencement of construction on October 31, 2013 after obtaining approval for the project plan on the construction of the instant aggregate building on August 29, 2013. 2) The Defendant sales company entered into a public announcement of the establishment of the instant aggregate building on March 26, 2014 and entered into a sales contract with each buyer around that time after obtaining approval for use on February 26, 2016, and completed registration of ownership transfer to each buyer.

3) The total sum of 128 units of the instant aggregate building is 5,250.66 square meters. C. The occurrence of defects and defect repair costs of the instant aggregate building) Defendant D constructed the instant aggregate building and did not construct the part to be constructed in accordance with the design drawings, or modified, constructed or constructed in a defective manner different from design drawings. Accordingly, the instant aggregate building remains as of [Attachment 5 List by Items of Defect in Common Use Areas] and [Attachment 6] Table by Items of Defect in Section 6].

2) The expenses (based on partial design) incurred in repairing the said defects that occurred in the instant aggregate building are as listed below (based on the result of each appraisal supplementary commission, reflecting the outcome of the judgment on the defect-related assertion by the Defendant-sale company, which is either corrected or deemed to be followed by the appraiser’s each appraisal supplementary commission.

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